Republic of the Philippines OFFICE OF THE DEPUTY OMBUDSMAN FOR LUZON Agham Road, Diliman, Quezon City

IGMEDIO L. CASTILLO, Complainant, -versusOMB CASE NO. L-A-09-0 !"-F F#r$DISHONESTY AND GRA%E MISCONDUCT

HONORIO L. CASTILLO, Respondent. X - - - - - - - - - - - - - - - -x

REPLY TO THE ANS&ER

Complainant by ay of a Reply to the Ans e! filed by the !espondent consisting of eight "#$ pages exclusi%e of annexes, dated August &', (''), a copy of hich as !ecei%ed on August &*, (''), most !espectfully states that+ &. ,he !espondent in%o-ed among othe!s the follo ing defenses+ &.& As !ega!ds the offense of .!a%e /isconduct, he cannot be found liable of the same conside!ing the falsification of the ai%e! of !ights as executed not in connection ith the pe!fo!mance of his official duties citing se%e!al cases in suppo!t the!eof0 ,he p!aye! fo! suspension o! dismissal applicable to him also fo! the same falsification is not !elated to the discha!ge an employee of the go%e!nment citing the Agpalo in Administ!ati%e 1a , Page *2& in cannot be made !eason that the of his functions as textboo- of Ruben pa!ticula!0

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,he !est of the allegations appea!ing in the #-page Ans e! !efe! to a na!!ation of e%ents hich a!e immate!ial and has nothing to do ith the issue of ha%ing falsified the affida%it of ai%e! of !ights sub3ect matte! of this Administ!ati%e Case fo! .!a%e /isconduct and4o! .!oss Dishonesty.

(. All these defenses a!e he!eby !ebutted on a point by point basis as follo s+

Page t o Reply 5/6 CA78 95. 1-A-')-'(#&-: X------------------X (.& As !ega!ds the issue of ha%ing falsified the affida%it of ai%e! of !ights, amounting to g!a%e misconduct and4o! dishonesty, '(e )ur*s+ru,e-.e .*'e, /0 '(e res+#-,e-' 1s*,e 2r#3 /e*-4 #u',1'e,, 1re 1.'u1550 1++5*.1/5e #-50 '# #22*.ers #2 '(e 4#ver-3e-' .(#se- 1s su.( /0 v*r'ue #2 1e5e.'*#- 1-, *-1++5*.1/5e '# #22*.ers 1-, e3+5#0ees 1++#*-'e, +ursu1-' '# #ur C*v*5 Serv*.e Ru5es 1-, Re4u51'*#-s, the most pe!tinent and applicable of hich is that one ea!lie! cited in the complaint as enunciated by the ;ono!able 7up!eme Cou!t in the case of Ner1 vs. G1r.*1, "06 P(*5s "07". ,his is !einfo!ced fu!the! by a mo!e !ecent case hich is %e!y analogous to this administ!ati%e complaint, decided en banc by the ;ono!able 7up!eme Cou!t -no n as Re3#5#-1 vs. CSC, G.R. N#. "78987, Au4us' , 00", the most telling po!tion <uoted as follo s+ =Although the offense of dishonesty is punishable unde! the Ci%il 7e!%ice la , Remolona opines that such act must ha%e been committed in the pe!fo!mance of his function and duty as Postmaste!. Conside!ing that the cha!ge of dishonesty in%ol%es the falsification of the ce!tificate of !ating of his ife 9e!y Remolona, the same has no bea!ing on his office and hence, he is deemed not to ha%e been dismissed fo! cause. ,his p!oposition is untenable. >t cannot be denied that dishonesty is conside!ed g!a%e offense punishable by dismissal fo! the fi!st offense unde! 7ection (2, Rule X>? of the Rules >mplementing 6oo- ? of 8xecuti%e 5!de! 9o. ()(. And the !ule is that dishonesty, in o!de! to a!!ant dismissal, need not be committed in the cou!se of the pe!fo!mance of duty by the pe!son cha!ged. ,he !ational fo! the !ule is that if a go%e!nment office! o! employee is dishonest o! is guilty of opp!ession o! g!a%e misconduct, e%en if said defects of cha!acte! a!e not connected ith this office, they affect his !ight to continue in office. ,he go%e!nment cannot tole!ate in its se!%ice a dishonest official e%en if he pe!fo!ms his duties co!!ectly and ell. . .@

Page th!ee Reply 5/6 CA78 95. 1-A-')-'(#&-: X------------------X =,he Code of Conduct and 8thical 7tanda!ds fo! Public 5fficials and 8mployees enunciates the 7tate Policy of p!omoting a high standa!d of ethics and utmost !esponsibility in the public se!%ice "Ala i %s. Alau!a, (A# 7CRA A(#$.@ (.( ,he !emedy of p!e%enti%e suspension in the instant Administ!ati%e Complaint is ell ithin the p!o%ision of 7ection B&, of sub-title A, ,itle &, 6oo- ? of 8xecuti%e 5!de! 9o. ()( othe! ise -no n as ,he Administ!ati%e Code of &)#C <uoted in the follo ing manne!+ =,he p!ope! disciplining autho!ity may p!e%enti%ely suspend any subo!dinate office! o! employee unde! his autho!ity pending an in%estigation, *2 '(e .(1r4e 141*-s' su.( #22*.er #r e3+5#0ee *-v#5ves ,*s(#-es'0, #++ress*#- #r 4r1ve 3*s.#-,u.' : : : ;(*.( ;#u5, ;1rr1-' (*s re3#v15 2r#3 '(e serv*.e.< (.2 All othe! matte!s in%o-ed in the #-page Ans e! do not dese!%e any attention all of them being me!e na!!ation hich a!e immate!ial, the main issue in this administ!ati%e complaint being hethe! o! not the act of falsifying the affida%it of ai%e! of !ights amounts to dishonesty4g!a%e misconduct a!!anting the sup!eme penalty of dismissal f!om the se!%ice.

2. ,he ;ono!able 5ffice of 5mbudsman has no othe! !ecou!se but to impose the penalty of dismissal to be implemented by the Depa!tment of >nte!io! and 1ocal .o%e!nment. Cabanatuan City fo! Quezon City August &A, (''). IGMEDIO L. CASTILLO "Complainant$
Copy :u!nished+ ;ono!io 1. Castillo Cluste! ;ead P!o%incial 5ffice of D>1.-,a!lac ,a!lac City

%ERIFICATION

>, IGMEDIO L. CASTILLO, of legal age, ma!!ied, :ilipino, and a !esident of D &CC Phase >>, Eapitan Pepe 7ubdi%ision, Cabanatuan City, 9ue%a 8ci3a, afte! ha%ing been duly s o!n to in acco!dance ith la , do he!eby depose and state+ &. ,hat > am the complainant in the abo%e-entitled Administ!ati%e Complaint0 (. ,hat > caused the p!epa!ation of this Reply to the Ans e!0 2. ,hat all the allegations contained the!eon e!e !ead and explained to me and found them to be all t!ue and co!!ect of my o n pe!sonal -no ledge and on the basis of authentic documents. >9 ,RF,; G;8R85:, > ha%e he!eunto affixed my signatu!e this HHHHHH day of August (''), he!eat Cabanatuan City.

>./8D>5 1. CA7,>115 "Affiant$ 7F67CR>68D A9D 7G5R9 ,5 befo!e me this HHHHHH day of August (''), he!eat Cabanatuan City.

HHHHHHHHHHHHHHHHHHHHHHHHHHHHH Assistant City P!osecuto! Cabanatuan City P!osecuto!Is 5ffice

ADMINISTRATIVE COMPLAINT
Complainant, unto this Honorable Office of the Ombudsman, most respectfully states that: 1. He is of legal age, married, Filipino and a resident of 177, Phase 2, apitan Pepe !ubdi"ison, Cabanatuan City #hile the respondent is li$e#ise of legal age, married, Filipino Citi%en and a resident of &'' (eneral )inio !t., Cabanatuan City, a go"ernment employee particularly connected #ith *epartment of +nterior and ,ocal (o"ernment -*+,(., +ba, /ambales, as ,ocal (o"ernment Officer 0 -,(OO0. #ith #or$ station at 1unicipal Hall Compound, !an 2arciso, /ambales, in #hich addresses, compulsory processes of the Honorable Ombudsman may be ser"ed3 2. + am charging Honorio ,. Castillo #ith the 4dministrati"e Complaint of *ishonesty and (ra"e 1isconduct committed as follo#s:
2.1 *uring the lifetime of my parents Perfecto !. Castillo, !r., and of 4nselma de ,eon, they #ere able to ac5uire a residential house in the year 1678 situated at &'' (eneral )inio !t., Cabanatuan City, #hich property is declared in the name of our mother 4nselma de ,eon considering that Perfecto !. Castillo, our father died on 9uly 2', 16:6, the )a; *eclaration attached as Annex A; !ubse5uently, or on 4ugust 11, 288:, my mother 4nselma de ,eon died on 4ugust 11, 288:3 Ha"ing died intestate, myself and my other siblings by the names of <;e5uiel, <dgar, Francisco, 1arilyn and ,irio, all surnamed Castillo became co=o#ners of the residential house by "irtue of succession3

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Page t#o 4dministrati"e Complaint +gmedio ,. Castillo > = = = = = = = = = = = = = = =>

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@espondent Honorio ,. Castillo caused the cancellation of )a; *eclaration 2o. 187=87=878=81=212A1 in the name of our mother 4nselma and in lieu thereof succeeded in the issuance of )a; *eclaration 2o. 187=87=878=81= 212A1 in his name, copy attached as Annex B; )he document used for purposes of the issuance of a ne# )a; *eclaration in the name of respondent is a purported Bai"er of @ights dated 2o"ember &, 288: under the supposed 2otarial @egister of 4tty. (a"ino !. 0illanue"a, consisting of t#o -2. pages, particularly described as *oc. 2o. 2:3 Page 2o. 8:3 Aoo$ 813 !eries of 288:, copy attached as Annex CC3 Dpon e;amination of the ten -18. signatures appearing thereon being attributed to <;e5uiel, @omulo, <dgar, Francisco, +sidro, Perfecto, <"elyn,

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1arilyn, ,irio and +gmedio, all surnamed Castillo, all of them are forgeries considering that myself and my nine -6. other siblings ne"er e;ecuted nor signed any #ai"er of rights pertaining to the residential house of #hich all of us are legitimate co=o#ners3 2.7 Aeing the only person benefited by these forged document, it is apparent that the author is no other than Honorio ,. Castillo: E)he possessor of a falsified document is presumed to be the author of the falsification -PP "s. !endaydiego, 71 !C@4 128..C

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+n so doing the respondent Honorio ,. Castillo committed a criminal act considered to be an administrati"e case of dishonesty or gra"e misconduct, particularly 4rticle 171 in relation to 4rticle 172, of the @e"ised Penal Code, the latter 5uoted as follo#s: EFalsification by a pri"ate indi"iduals and use of falsified documents. F )he penalty of prision correccional in its medium and ma;imum periods and a fine of not more than P&,888.88 shall be imposed upon: E4ny pri"ate indi"idual #ho shall commit any falsification enumerated in the ne;t preceding article in any public or official document for letter of e;change or any other $ind of commercial document.C

Page three 4dministrati"e Complaint +gmedio ,. Castillo > = = = = = = = = = = = = = = =>

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Ha"ing committed such unla#ful act, the same is subGect to disciplinary action classified as a gra"e offense pursuant to !ection &2-a., 1,and ', @ule ? of the @e"ised Dniform @ules in the Ci"il !er"ice particularly denominated as *ishonesty and (ra"e 1isconduct, punishable #ith dismissal from the ser"ice together #ith the accessory penalties thereof.

'. )o supplement such deceit, respondent bought the parcel of land #here the residential house is situated through a loan granted by P4(=+A+(3 ?. @espondent #as able to $eep the fraudulent act a secret from the herein complainant and siblings3 &. Ho#e"er, undersigned came to $no# that the respondent bought the parcel of land #here the residential house is situated from 4urora !ta. @omana through the loan facility of P4(=+A+( Funds3

:. Bhen 5uestioned about the matter, respondent con"inced the complainant to assume the loan #ith the P4(=+A+( Fund by paying the amorti%ations due thereon and to return the e5uity of P188,888.883 7. )he complainant #as able to pay 17 amorti%ations, the first 1' amorti%ations in fa"or of respondent Honorio ,. Castillo and the last & amorti%ations in fa"or of the Home *e"elopment 1utual Fund as sho#n by fi"e -&. 4llied Aan$ Chec$s and the corresponding fi"e -&. P4(=+A+( FD2* @eceipts hereto attached as Annex D, E, F, G, H, I, J, K, L AND M; 7. )he said payments are subGect to the condition that the loan #ith assumption or mortgage shall be assigned to the herein pri"ate complainant #ho shall in turn pay the principal loan and interest due the P4(=+A+( Fund3 6. Ho#e"er, after the said payments #ere actually made by the complainant, the respondent refused to honor this agreement, #hich act amounts to *ishonesty and 0iolation of @4 :71':

Page four 4dministrati"e Complaint +gmedio ,. Castillo > = = = = = = = = = = = = = = =>

E+f a go"ernment officer or employee is dishonest or is guilty of oppression or gra"e misconduct e"en if said defects of character are not connected #ith his office, they affect his right to continue in office -2era "s. (arcia, 18: Phils 18'1..C +n gra"e misconduct, as distinguish from simple misconduct, the elements of corruption, clea !n"en" "# $!#la"e "%e la& # 'la( an" )!* e(a ) #' e*"a+l!*%e) ,le -,*" +e -an!'e*" .,andrito "s. Ci"il !er"ice Commission, 22' !C@4 &:?=&:7, 166'..C

BH<@<FO@<, it is prayed that the respondent Honorio ,. Castillo be held liable administrati"ely for the offense of *+!HO2<!)H and (@40< 1+!CO2*DC), and be imposed the penalty of dismissal from the go"ernment ser"ice together #ith the forfeiture of all benefits due and to become due #ith the e;ception of accumulated lea"e if there be any as #ell as the corresponding accessory penalty arising there from.

Cabanatuan City for Iue%on City

1ay 2?, 2886

IGMEDIO L/ CASTILLO